mifdemeanor for which he may be indicted, and for which also an action on the cafe lies at the fuit of the party injured. March, 81. The fheriff is the proper officer by whom the jury procefs By whom the ju is to be executed, unless he be partial; that is, fuch a one ry procefs is reas from his confanguinity or affinity, his being under the turnable. power of either party, or the like, cannot be prefumed to be an indifferent perfon, as every officer who hath any way to do with the adminiftration of juftice ought to be; and in every fuch cafe the procefs fhall be directed to the coroners, if they are impartial, or to thofe of them who are fo, in cafe fome of them lie under the aforementioned prejudices; and in cafe all the coroners are partial, or not indifferent, then the venire fhall be directed to two elizors named by the court, and against whom, for that reafon, no challenge can be taken. Co. Lit. 158. a. Bro. tit. Chal. 153 And to the end that sheriffs may be the better informed of Making and re perfons fit to be returned on juries, the juftices at the quarter turning lifts of fellions, next after 24th June, fhall iffue forth their warjurors. rants (II) under the hands and feals of two or more of them, to the high conftables, requiring them to iffue forth their (II) The Form of a Warrant for returning Lifts of Jurors. 011 , -- the day of -, in the year of the reign of our faid fovereign lord George the Third, of Great Britain, France and Ireland king, defender of the faith, and fo forth, before us, A B, CD, and E F, efqrs, and others, our affaciates, juftices of our faid lord the king, affigned to keep the peace of our faid lord the king in the faid county; and also to hear and determine divers felonies, trefpaffes, and other mifdemeanors in the fame county committed: We the faid juftices do, in purfuance of the ftatute in that behalf made and provided, require you the faid high conftable, immediately upon fight hereof, to iffue forth your precepts to the respective confiables, tythingmen, and headboroughs within your hundred, thereby directing and requiring them, and all and every of them, to make and return a true lift, fair written, and figned by them, of the names and places of abode of all the perfons within the reffective places for which they ferve, qualified to ferve on juries, with their titles and additions, between the age of one and twenty years and F 2 feventy Precepts to the their precepts (III) to the petty conftables, thereby directhigh and petty ing and requiring them to meet, together with the head make and return conftables, within fourteen days next after, at some ufual lifts of jurors. conftables to : place, feventy years and this you the faid high conftable are in no wife to omnt, under the penalty of rol. Given under our hands and feals, the day and above written, year first A. B. C. D. E. F. (III) The Form of the Precept from the High Conftable to the Petty Constable. BY VIRTUE of a warrant from his majesty's juftices of the peace in and for the faid county, at their general quarter sessions aflembled, unto me directed, you are hereby required to prepare and make a true lift in writing, containing the names and places of abode, together with the titles and additions of all perfons betaveen the age of one and twenty years and feventy years, dwelling within your conflablewick, qualified to ferve upon juries ; that is to fay, of every fuch perfon who hath, in his own name, or in truft for him, within the county aforefaid, ten pounds a year above reprizes, of freehold or copyhold lands and tenements of antient demefne, or in rents, or in all or any of them, in feefimple, fee-tail, or for the life of himself, or fome other person; or having land in poffeffion in his own right of twenty pounds a year above the reserved rent, being held by leafe for five hundred years, or more, or for ninety-nine years, or any other term determinable on one or more lives: in order to the making of which lift, you may, if you think it needful, apply to any parish officer, who shall have in his cuftody any of the rates for the poor or landtax, and from thence take the names of fuch perfons fo qualified. Which lift fo being made as aforefaid, you are required, upon tre or more Sundays at least, treenty days before Michaelmas next, to fix on the door of the church or chapel, and of every other public place of religious worship within your parish or other precinct, and leave at the fame time a duplicate thereof with a churchwarden or overfeer of the poor, to be perufed by the parifbiners gratis. And the said lift you are aljo further required to deliver in at the next general quarter-feffions of the peace to be bolden in and for the faid county in open court; or otherwife you may place, where the petty conftables fhall prepare and make a true lift, fair written, and figned by them, of the names and places of abode of all perfons within their refpective conftablewicks, qualified to ferve on juries, with their titles and additions, between the ages of 21 and 70; and any head conftable failing to iffue forth his precepts as aforefaid, thall forfeit 10l. and every petty conftable failing to meet the head conftable, and failing to prepare and make a true Aift, shall forfeit 51. and every fuch offender fhall be profecuted at the general affizes, feffions of oyer and terminer, or general gaol delivery, or feffions of the peace. 3 and 4 Ann. c. 18. f, 5. rish rates. And by 3 Geo. 2. c. 25, the petty conftable fhall on re- Petty conftables queft to any parifh officer, who fhall have in his cuftody may inspect paany of the rates for the poor, or land-tax, have liberty to infpect fuch rates, and take the names of fuch perfons qualified dwelling within their precincts. f. 1. And fhall yearly, twenty days at leaft before Michael- Lifts to be put on mas, upon two Sundays, fix upon the door of the church, church doors; within their precincts, a lift of all fuch perfons intended to be returned to the quarter-feflions, and leave a duplicate of" fuch lift with a churchwarden or overfeer of the poor. Ibid. out. And if any perfon not qualified fhall find his name men- and perfons not tioned in fuch lift, and the perfon required to make fuch qualified struck lift fhall refufe to omit him, the justices at their quarterfeffions, on fatisfaction from the oath of the party complaining, or other proof, fhall order his name to be ftruck out. Ibid. names wrong And if any perfon, required to make up fuch lift, fhall Penalty on conwilfully omit any perfon whofe name ought to be inferted, stable inferting or infert any who ought to be omitted, or fhall take any fully. reward for omitting or inferting any perfon, he fhall, for every perfon fo omitted or inferted, forfeit 20s. on conviction before one justice, on the confeflion of the offender, or proof by one witnefs on oath; one half to the informer, the other half to the poor of the parifh; and if the penalty fhall not be paid within five days, it fhall be levied by dif may in the mean time apply to one of his majesty's justices of the F3 in trefs Return of lifts. Lifts to be enter trefs and fale of goods, by warrant from one juftice. And the juftices before whom fuch perfon fhall be convicted fhall certify the fame to the next quarter-feffions, which fhall direct the clerk of the peace to infert or trike out the name. 3 Geo. 2. c. 25. f. 2. Which lift the faid petty conftables fhall yearly, on pain of 51. return and give to the juftices in open court, upon the first day of the general quarter-feffions to be holden in the week after Michaelmas. 3&4 Ann. c. 18. f. 5. Or inftead of this, it fhall be fufficient for them, after they have completed the lifts for their precincts, to fubfcribe the fame in the prefence of one juftice, and at the fame time to atteft the truth of fuch lifts, upon oath, to the best of their knowledge or belief; and the lifts fhall (being figned by the juftices) be delivered by them to the high conftables, who are to deliver in fuch lifts to the quarterfeffions, attefting upon oath the receipt of fuch lifts from the petty conftables; and that no alteration hath been. made fince their receipt thereof. 3 Geo. 2. c. 25. S. 7. And the juftices fhall then cause the lifts to be fairly ened by clerk of the tered in a book by the clerk of the peace, to be by him propeace in a book, vided and kept for that purpofe amongst the records of the feffions. 8 Will. 3. c. 32. f. 4. and duplicates And duplicates of the lifts, when delivered at the feffions delivered to the and entered by the clerk of the peace, fhall, during the feffions, or within ten days after, be tranfmitted by the clerk of the peace to the fheriff. 3 Geo. 2. c. 25. f. 2. Theriff, Penalty on theriff returning And the fheriff fhall take care that the names be entered alphabetically, with their additions and places of abode. Ibid. And every clerk of the peace neglecting his duty therein, fhall forfeit 201. to fuch perfon who fhall profecute for the fame, till the party be convicted upon an indictment at the quarter-feffions. Ibid. And if any fheriff or officer fhall fummon and return any perfons not na- perfons to ferve on any jury before the juftices of affize, med in fuch lifts. nifi prius, or judges of the great feffions in Wales, or of the feffions for the counties palatine, whofe name is not inserted in the duplicates tranfmitted to him by the clerk of the peace; the judge fhall, upon examination in a fummary way, fet fuch fines upon him for every perfon fo fummoned and returned, and for every perfon whofe appearance fhall be fo falfely recorded, as the faid judge fhall think meet, not exceeding 10l. nor lefs than 40s. 3 Geo. 2. c. 25. f. 3. Time and man- Every fummons of any juror fhall be made by the fheriff, ner of fummons. his officer, or lawful deputy, fix days before at the leaft (and in Wales eight days before, and in the counties palatine 14 days before. 3 Geo. 2. c. 25. f. 9, 10.), fhewing to every perfon fo fummoned the warrant under the feal of the office wherein they are appointed to ferve; and in cafe any juror be abfent from the ufual place of his habitation, notice of fuch fummons fhall be given by leaving a 'note in writing, under the hand of fuch officer, containing the contents thereof, at the dwelling houfe of fuch juror, with fome perfon there inhabiting in the fame. 78 Will. 3. c. 32. /.5. And if the fheriff, his bailiff, or deputy, neglect their Penalty on fhe duty herein, or excufe any perfon for favour or reward, he riff or officers fall forfeit 20l. to him who fhall fue. f. 6. misbehaving. 8 Alfo by 2 Geo. 2. c. 25, no fheriff or other perfon fhall take any reward, to excufe any perfon from ferving on juries-nor fhall any officer appointed to fummon juries fummon any perfon other than fuch whose name is fpecified in a mandate figned by the fheriff or under fheriff. And if any fheriff or officer fhall wilfully tranfgrefs in the faid cafes, the judge may, on examination and proof of fuch offence, in a fummary way, fet a fine on any person fo offending, not exceeding 10l. f. 6. No perfon fhall be returned to ferve as a juror at nifi How often ju prius in Middlefex, who has been returned at nifi prius in rors liable to the faid county in the two terms or vacations next prece ding. 4 Geo. 2. c. 7. S. 2. And no perfons fhall be returned as jurors at any affizes or nifi prius, who have ferved within one year before in the county of Rutland, or four years in the county of York 9, or ferve. 8 And where any fuch officer is guilty of any corrupt practice, the court will interpofe in a fummary way by attachment. Thus in the cafe of The K. v. Whitaker, Hil. 18 Geo. 3, an attachment was granted against the defendant (who was fummoning bailiff to the theriff of Middlefex, and whofe province it was to fummon jurors to attend to try caufes), on a charge of demanding and receiving money from feveral of the inhabitants to excufe them from ferving; and for fummoning such as refused to pay him, more frequently than it came to their turn. Being examined upon interrogatories, it appeared to the court, upon the report of Sir James Burrows, that he admitted having received small fums from feveral individuals: that is some years he had received in the whole about fixty or seventy pounds, and in every year fomething, though fometimes not more than 20/. But he denied ever having demanded it, or ever having been guilty of partiality, either in excuting those who paid him, or in fummoning thofe, more frequently than he ought to have done, who refufed to pay him. He fwore he received it only as a Christmas box, which had been cuffomary, and in no other view whatever: and pofitively denied, that he ever acted with any partiality in confequence of its being given or refufed.-The court thought this to be a very bad practice, and of very evil example: wherefore they fined him 2004. and ordered him to be committed till paid: they added, that the theriff should be informed of this; and that it should be recommended to him to discharge this man from his office of fummoning bailiff. Cowper, 752. 9 No perfon fhall be fummoned to ferve upon any jury at the affizes, or genezal gaol delivers, to be holden for the county of York, or at any feffions of the F4 peace |